DISCLAIMER: The information on this website is based on research and training, and is meant as a general guide. It should in no way be construed as legal advice.

FAQ

The basic rule of thumb when it comes to religion in school is that the school's role is academic. Schools may (and should) teach about religion, but not promote any one belief or religion in general...even if the majority wants it to do so.

The following are discussions on questions which are constantly being debated and ruled upon by various courts, and are always subject to change.

Shouldn't teachers have the same rights as everyone else when it comes to expressing their religious beliefs?

Outside of work, yes, but not when they are representing the school in any way, which makes them an agent of the government. School officials, including teachers, are required to remain neutral toward religion for two important reasons: (1) students are impressionable; and (2) students are a "captive audience" because they have to be there. Some courts have even gone so far as to prevent teachers from reading the Bible during silent reading. However, this does not mean teachers have to ignore religion. For example, it is vital that information about the world's religions be taught in history classes. But while this is being done, it must be from a scholarly perspective, with an educational objective and without judgment or preference for one religion over another. All religions should always be treated with fairness and respect. Perhaps the most important thing to think about is that there cannot be any "excessive entaglement" with religion (see Lemon v. Kurtzman, 1971).

But it's still okay to pray at sports events, isn't it?

Although this is still a gray area, sporting events are usually not an exception (even when they are away from school grounds), since they are still officially sponsored by the school. Some courts have stated that there should not be a prayer led over the public address system by the announcer, or a team prayer led by the coach in the locker room or out on the field. Even student-led prayers have been declared unconstitutional by some courts, including non-sectarian and non-postelytizing prayers. In the U.S. Supreme Court ruling in Santa Fe Independent School District v. Doe, Justice John Paul Stevens wrote: "School sponsorship of a religious message is impermissible because it sends the ancillary message to members of the audience who are nonadherents that they are outsiders, not full members of the political community."

If religion and school don't mix, should teachers prevent students from practicing their religion or expressing their beliefs at school?

The Establishment Clause of the First Amendment means that school officials must remain neutral when it comes to religion, not students. Students should not be prevented from practicing or expressing their beliefs as long as they are not being coercive or talking to a "captive audience," such as at an official event. Accommodations should be made whenever possible for students to adhere to their religious practices as long as it is feasible and does not disrupt instruction. At no time has the Supreme Court outlawed students' free exercise of religion by prohibiting prayer by students at school. The key is that there be no offical approval by the school, and that the prayers not be disruptive to the school environment.

How about religious clubs at school?

As long as students are allowed to form clubs that meet at school in general, religious clubs must also be allowed. However, the clubs must be student-run and prayers or other religious activities should not be led by staff members or outsiders.

What about the Pledge of Allegiance? Doesn't that mention God?

In February of 1954, during the anti-Communist fervor of the Cold War, a resolution was introduced in the Senate to add the words “under God” between “One nation” and “indivisible.” After a quick committee report, the bill passed both the Senate and the House of Representatives unanimously, and President Eisenhower signed it into law.[1] Most Americans are not even aware that the words were not part of the original pledge. In 2002, the 9th Circuit U.S. Court of Appeals banned the Pledge as unconstitutional under the Establishment Clause in the case of Elk Grove Unified School District v. Newdow, but two years later the Supreme Court dismissed the case without ruling on the merits because the father of the student involved in the suit did not have legal custody.[2]Students who do not wish to say the Pledge cannot be forced to do so, under the ruling of the Supreme Court in West Virginia School Bd. v. Barnette (1943), which overturned Minersville School District, Board of Education of Minersville School District, et al. v. Walter Gobitis (1940).

[1] Stokes, Anson Phelps and Leo Pfeffer. Church and State in the United States. New York: Harper & Row, 1964, pp. 570-71.